Legal Articles, General Practice

Economic growth in China has been remarkable thanks to a booming domestic economy and increasing foreign investment. At the same time, however, citizens of China has suffered the effects of a deteriorating environment. China officially declared a war on pollution in 2014. Environmental laws and regulations would level the playing field between Chinese companies and foreign ones. Additionally, private demand for green supply chains is growing. Due to the severity of their pollution problems, China created standards and regulations that are even stricter than the international ones. Recent changes in China’s environmental initiatives took place on an accelerated timeline, which has been transformative. However, these new policies have also increased cost and created uncertainty in certain industries. Yet, these reforms have improved environmental enforcement across the country and encouraged cities such as Shanghai to take innovative approaches to reduce pollution. The environmental initiatives are paying off. China's environmental governance is improving. The country marches towards having a greener and more sustainable economy as well as being an international leader on green supply chains and international climate goals. Working with Chinese attorneys will be critical for navigating the new environmental law landscape in China.

As more women achieve positions of leadership and equal decision making in every level of society, they are bringing meaningful benefits to businesses, governments, and communities. But the movement for gender equity in the West, as seen most significantly in the #MeToo movement, offers helpful insight into how international businesses can move forward on this front. By integrating these new gender norms into their company cultures, trans-Pacific businesses and businesses with operations in China can both improve operations and reduce legal risk. Rethinking corporate policies and integrating a corporate culture that prioritizes gender equality in corporate practices will help mitigate risk in the workplace for women. These protections include implementing policies against hostile work environments, non-discriminatory pay structures, and an ongoing effort toward stronger scrutiny of improper behavior in the workplace. The list will continue to expand. Also, China's Sexual Harassment Law will help guide companies to implement policies that condone bad behavior towards women. A healthier workplace for employees will build trust amongst workers and give a company a good reputation for being a safe place to work for women.

This article discusses how Wholly-Foreign Owned Enterprises ("WFOEs") can be successful in arbitration under Chinese Law. The China International Economic and Trade Arbitration Commission (“CIETAC”) has reported a rapid growth in commercial arbitration cases in China. Many of these arbitrations have involved WOFEs engaged in activities through the Chinese Government's the Belt and Road Initiative. If a WFOE find themselves in arbitration in CIETAC, parties to a dispute should understand the basic underpinnings of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law”). Strategies for winning arbitration include: agreeing to arbitrate in the first place; executing an enforceable arbitration clause; knowing how and when to commence an arbitration action; applying the correct substantive law; understanding the arbitrability of the case; prepare sound evidence; and ensuring the outcome of arbitration is enforceable.

This article addresses what a Wholly Foreign Owned Enterprise (“WFOE”) operating in China should do to avoid ending up in court and, if it does, how the company can maximize its chances of winning the case. WFOEs enjoy the benefits of limited liability afforded businesses and the individual rights offered under Chinese civil law. Most WFOE's will need to deal with the Chinese courts' Civil Procedure Law and also should know how the litigation will proceed substantively, such as under contract law or as a foreign party, because it will impact strategy and legal outcomes. Most high-profile WFOE cases do not end in favor of the foreign party. So an entity litigating labor and employment issues or issues likely to impact international trade will likely lose. WFOEs need to also consider alternative dispute resolution mechanisms, such as arbitration in front of the China International Economic Trade Arbitration Commission (“CIETAC”). WFOEs embroiled in litigation in China’s courts of law can maximize their chance of success by engaging skilled, knowledgeable local counsel with knowledge of both domestic and international laws.

On May 6, 2021, the EOIR announced the swearing in of 17 new immigration judges, all of whom began their service in April 2021. The new immigration judges include several administrative immigration judges.

On May 7, 2021, the United States Citizenship and Immigration Services announced the Department of Homeland Security withdrew a proposed rule that would have expanded the biometrics collection requirements.

If you have suffered injury or harm while under the care of a doctor, physician assistant, nurse, or another healthcare professional, you might be entitled to seek financial compensation through a medical malpractice claim. Medical malpractice involves a situation in which a patient has suffered injury or illness as a result of a health care professional’s negligent behavior.

Construction work is very dangerous. Construction workers risk serious, life-threatening injuries on the job site. If you’ve been hurt in a construction accident in New York, you may be dealing with piling medical bills pile up and are unable to work.

Were you hurt in a car accident in New York that was no fault of your own? If so, you might be entitled to compensation. Allow the experienced and compassionate New York car accident lawyers of Finz & Finz, P.C. to fight tirelessly for the compensation you deserve and help make you whole again. This blog will detail the types of compensation you may be entitled to after your New York car accident.

Generally speaking, the owner of a property has a legal obligation to maintain that property in a safe and reasonable condition. When a property owner fails to properly maintain their property, and someone is injured, the injured party may bring a premises liability claim. Dangerous conditions include and snow, broken steps, potholes, equipment lying in the yard, torn carpet. These are all potential hazards that can cause slips, trips, and falls that result in severe injuries or even death. Property owners have a duty to address any potential hazards in and around the property.